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Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009)

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Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009)

  1. Abnormality of mental functioning

    • 'A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal'
      • Byrne (1960)
    • cause of abnormality of mental functioning must arise from a 'recognised medical condition'
      • covers both psychological and physical conditions
      • there must be medical evidence
  2. Substantially impaired

    • the abnormality of mental functioning must substantially impair the defendant's mental responsibility for his acts or omissions in doing or being a party to the killing
      • the jury must decide whether the impairment is of a substantial degree
    • substantial does not mean total, nor does it mean trivial or minimal (something in between)
      • Lloyd (1967)
    • the defendant's ability to do one of these three must be substantially impaired:
      • to understand the nature of his conduct
      • to form a rational judgement
      • to exercise self-control

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Mind Map on Diminished Responsibility (s.2 Homicide Act, s.52 CJA 2009), created by t00101 on 17/10/2014.
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